S.B. No. 1425
AN ACT
1-1 relating to the regulation of marriage and family therapists and to
1-2 the continuation and operation of the Texas State Board of
1-3 Examiners of Marriage and Family Therapists; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a) and (b), Section 3, Licensed
1-6 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
1-7 Civil Statutes), are amended to read as follows:
1-8 (a) The Texas State Board of Examiners of Marriage and
1-9 Family Therapists is <an advisory body to the Texas Board of
1-10 Health. The board is> composed of nine members appointed by the
1-11 governor with the advice and consent of the senate. Four members
1-12 must be members of the public. Five members must be persons
1-13 eligible for a license under this Act, one of whom must be a
1-14 professional educator in marriage and family therapy. These
1-15 members must have engaged in the practice or education of marriage
1-16 and family therapy for at least five years or have 5,000 hours of
1-17 clinical experience in the practice of marriage and family therapy.
1-18 In making the appointments of the five members eligible for a
1-19 license under this Act, the governor shall consider recommendations
1-20 made by recognized professional associations of marriage and family
1-21 therapists in this state.
1-22 (b) Appointments to the board shall be made without regard
1-23 to the race, color, disability <handicap>, sex, religion, age, or
1-24 national origin of the appointee.
2-1 SECTION 2. Section 4, Licensed Marriage and Family Therapist
2-2 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
2-3 read as follows:
2-4 Sec. 4. Sunset provision. <(a)> The Texas State Board of
2-5 Examiners of Marriage and Family Therapists is subject to Chapter
2-6 325, Government Code (Texas Sunset Act). Unless continued in
2-7 existence as provided by that chapter, the board is abolished and
2-8 this Act expires September 1, 2005 <1993>.
2-9 <(b) The board shall cooperate with the Sunset Advisory
2-10 Commission in the commission's review of those agencies that
2-11 license or regulate mental health professionals and will be
2-12 reviewed for the Regular Session of the 73rd Legislature in 1993.
2-13 The board shall assist the Sunset Advisory Commission in
2-14 determining the extent to which the agencies that license or
2-15 regulate mental health professionals should be combined into a
2-16 single agency.>
2-17 SECTION 3. Section 6, Licensed Marriage and Family Therapist
2-18 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
2-19 read as follows:
2-20 Sec. 6. OFFICERS. The governor shall designate from the
2-21 members of the board the chair of the board. The member designated
2-22 as the chair serves in that capacity at the will of the governor.
2-23 The board shall elect a <chair and> vice-chair from its members at
2-24 the meeting of the board held closest to August 31 of each year.
2-25 The <chair and> vice-chair shall serve as provided by board rules.
2-26 SECTION 4. Section 9, Licensed Marriage and Family Therapist
2-27 Act (Article 4512c-1, Vernon's Texas Civil Statutes), is amended to
3-1 read as follows:
3-2 Sec. 9. Restrictions on appointment, membership, and
3-3 employment. (a) A member of the board or an employee of the
3-4 department who performs functions for the board may not<:>
3-5 <(1) be an officer, employee, or paid consultant of a
3-6 trade association in the field of marriage and family therapy or a
3-7 related mental health field;>
3-8 <(2) be related within the second degree by affinity
3-9 or within the third degree by consanguinity to a person who is an
3-10 officer, employee, or paid consultant of a trade association in the
3-11 field of marriage and family therapy or a related mental health
3-12 field; or>
3-13 <(3)> communicate directly or indirectly with a party
3-14 or the party's representative to a proceeding pending before the
3-15 board if the member or employee is assigned to make a decision, a
3-16 finding of fact, or a conclusion of law in the proceeding, unless
3-17 notice and an opportunity to participate are given to each party to
3-18 the proceeding.
3-19 (b) An officer, employee, or paid consultant of a Texas
3-20 trade association in the field of health care may not be a member
3-21 or employee of the board who is exempt from the state's position
3-22 classification plan or is compensated at or above the amount
3-23 prescribed by the General Appropriations Act for step 1, salary
3-24 group 17, of the position classification salary schedule.
3-25 (c) A person who is the spouse of an officer, manager, or
3-26 paid consultant of a Texas trade association in the field of health
3-27 care may not be a board member and may not be an employee of the
4-1 board who is exempt from the state's position classification plan
4-2 or is compensated at or above the amount prescribed by the General
4-3 Appropriations Act for step 1, salary group 17, of the position
4-4 classification salary schedule.
4-5 (d) For the purposes of this section, a Texas trade
4-6 association is a nonprofit, cooperative, and voluntarily joined
4-7 association of business or professional competitors in this state
4-8 designed to assist its members and its industry or profession in
4-9 dealing with mutual business or professional problems and in
4-10 promoting their common interest.
4-11 (e) A person is not eligible for appointment as a public
4-12 member of the board if the person or the person's spouse:
4-13 (1) is registered, certified, or licensed by an
4-14 occupational regulatory agency in the field of health care;
4-15 (2) is employed by or participates in the management
4-16 of a business entity or other organization regulated by the board
4-17 or receiving funds from the board;
4-18 (3) owns or controls, directly or indirectly, more
4-19 than a 10 percent interest in a business entity or other
4-20 organization regulated by the board or receiving funds from the
4-21 board; or
4-22 (4) uses or receives a substantial amount of tangible
4-23 goods, services, or funds from the board, other than compensation
4-24 or reimbursement authorized by law for board membership,
4-25 attendance, or expenses.
4-26 (f) <A public member of the board or the spouse of a public
4-27 member may not have been or be related to a person within the
5-1 second degree by affinity or the third degree by consanguinity who
5-2 has, except as a consumer, a financial interest in the field of
5-3 marriage and family therapy or a related mental health field.>
5-4 <(c)> A person may not serve as a member of the board or act
5-5 as general counsel to the board if the person is required to
5-6 register as a lobbyist under Chapter 305, Government Code, because
5-7 of the person's activities for compensation on behalf of a
5-8 profession related to the operation of the board.
5-9 SECTION 5. Section 11, Licensed Marriage and Family
5-10 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
5-11 amended by amending Subsections (b) and (c) and adding Subsections
5-12 (d) through (h) to read as follows:
5-13 (b) The board shall keep an information file about each
5-14 complaint filed with the board. The board's information file shall
5-15 be kept current and contain a record for each complaint of:
5-16 (1) all persons contacted in relation to the
5-17 complaint;
5-18 (2) a summary of findings made at each step of the
5-19 complaint process;
5-20 (3) an explanation of the legal basis and reason for a
5-21 complaint that is dismissed; and
5-22 (4) other relevant information <that the board has
5-23 authority to resolve>.
5-24 (c) If a written complaint is filed with the board that the
5-25 board has authority to resolve, the board, at least quarterly and
5-26 until final disposition of the complaint, shall notify the parties
5-27 to the complaint of the status of the complaint unless notice would
6-1 jeopardize an undercover investigation.
6-2 (d) The board by rule shall adopt a form to standardize
6-3 information concerning complaints made to the board. The board by
6-4 rule shall prescribe information to be provided to a person when
6-5 the person files a complaint with the board.
6-6 (e) The board shall provide reasonable assistance to a
6-7 person who wishes to file a complaint with the board.
6-8 (f) <(c)> The board shall develop and implement policies
6-9 that provide the public with a reasonable opportunity to appear
6-10 before the board and to speak on any issue under the jurisdiction
6-11 of the board.
6-12 (g) The board by rule shall establish methods by which
6-13 consumers and service recipients are notified of the name, mailing
6-14 address, and telephone number of the board for the purpose of
6-15 directing complaints to the board. The board may provide for that
6-16 notification:
6-17 (1) on each registration form, application, or written
6-18 contract for services of an individual or entity regulated by the
6-19 board;
6-20 (2) on a sign prominently displayed in the place of
6-21 business of each individual or entity regulated by the board; or
6-22 (3) in a bill for service provided by an individual or
6-23 entity regulated by the board.
6-24 (h) The board shall list along with its regular telephone
6-25 number the toll-free telephone number that may be called to present
6-26 a complaint about a health professional if the toll-free number is
6-27 established under other state law.
7-1 SECTION 6. The Licensed Marriage and Family Therapist Act
7-2 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
7-3 adding Sections 11A, 11B, and 11C to read as follows:
7-4 Sec. 11A. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
7-5 board shall adopt rules concerning the investigation of a complaint
7-6 filed with the board. The rules adopted under this subsection
7-7 shall:
7-8 (1) distinguish between categories of complaints;
7-9 (2) ensure that complaints are not dismissed without
7-10 appropriate consideration;
7-11 (3) require that the board be advised of a complaint
7-12 that is dismissed and that a letter be sent to the person who filed
7-13 the complaint explaining the action taken on the dismissed
7-14 complaint;
7-15 (4) ensure that the person who filed the complaint has
7-16 an opportunity to explain the allegations made in the complaint;
7-17 and
7-18 (5) prescribe guidelines concerning the categories of
7-19 complaints that require the use of a private investigator and the
7-20 procedures for the board to obtain the services of a private
7-21 investigator.
7-22 (b) The board shall dispose of all complaints in a timely
7-23 manner. The board shall establish a schedule for conducting each
7-24 phase of a complaint that is under the control of the board not
7-25 later than the 30th day after the date the complaint is received by
7-26 the board. The schedule shall be kept in the information file for
7-27 the complaint and all parties shall be notified of the projected
8-1 time requirements for pursuing the complaint. A change in the
8-2 schedule must be noted in the complaint information file and all
8-3 parties to the complaint must be notified not later than the
8-4 seventh day after the date the change is made.
8-5 (c) The executive director of the board shall notify the
8-6 board of a complaint that extends beyond the time prescribed by the
8-7 board for resolving the complaint so that the board may take
8-8 necessary action on the complaint.
8-9 Sec. 11B. INFORMAL PROCEEDINGS. (a) The board by rule
8-10 shall adopt procedures governing:
8-11 (1) informal disposition of a contested case under
8-12 Section 13(e), Administrative Procedure and Texas Register Act
8-13 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
8-14 subsequent amendments; and
8-15 (2) informal proceedings held in compliance with
8-16 Section 18(c), Administrative Procedure and Texas Register Act
8-17 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
8-18 subsequent amendments.
8-19 (b) Rules adopted under this section must provide the
8-20 complainant and the license holder an opportunity to be heard and
8-21 must require the presence of an attorney to advise the board or
8-22 board's employees. The attorney must be a member of the board's
8-23 legal staff if the board has a legal staff. If the board does not
8-24 have a legal staff, the attorney must be an employee of the office
8-25 of the attorney general.
8-26 Sec. 11C. MONITORING OF LICENSE HOLDER. The board by rule
8-27 shall develop a system for monitoring license holders' compliance
9-1 with the requirements of this Act. Rules adopted under this
9-2 section shall include procedures for monitoring a license holder
9-3 who is ordered by the board to perform certain acts to ascertain
9-4 that the license holder performs the required acts and to identify
9-5 and monitor license holders who represent a risk to the public.
9-6 SECTION 7. Subsections (a), (b), and (c), Section 12,
9-7 Licensed Marriage and Family Therapist Act (Article 4512c-1,
9-8 Vernon's Texas Civil Statutes), are amended to read as follows:
9-9 (a) The board <of health> shall by rule establish reasonable
9-10 and necessary <set> fees so that the fees, in the aggregate,
9-11 produce sufficient revenue to cover the cost of administering <for
9-12 licenses, license renewals, examinations, and all other
9-13 administrative expenses under> this Act.
9-14 (b) The fees set by the board may be adjusted so that the
9-15 total fees collected are sufficient to meet the expenses of
9-16 administering this Act. The board may not set a fee for an amount
9-17 less than the amount of that fee on September 1, 1993 <The board
9-18 of health shall set the fees in amounts that are reasonable and
9-19 necessary to cover administrative costs>.
9-20 (c) The marriage and family therapists licensing account is
9-21 created in the General Revenue Fund and may be used only by the
9-22 board <of health> and the department in the administration of this
9-23 Act. All money paid to <Fees received by> the board <of health>
9-24 under this Act shall be deposited in the General Revenue Fund to
9-25 the credit of the account.
9-26 SECTION 8. Subsection (c), Section 13, Licensed Marriage and
9-27 Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
10-1 Statutes), is amended to read as follows:
10-2 (c) The <Based on rules adopted by the board of health, the>
10-3 board shall determine the qualifications and fitness of applicants
10-4 for licenses under this Act.
10-5 SECTION 9. Section 14, Licensed Marriage and Family
10-6 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
10-7 amended by adding Subsection (d) to read as follows:
10-8 (d) The board shall develop and implement policies that
10-9 clearly define the respective responsibilities of the board and the
10-10 staff of the board.
10-11 SECTION 10. The Licensed Marriage and Family Therapist Act
10-12 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
10-13 adding Section 14C to read as follows:
10-14 Sec. 14C. PROGRAM ACCESSIBILITY. The board shall prepare
10-15 and maintain a written plan that describes how a person who does
10-16 not speak English can be provided reasonable access to the board's
10-17 programs. The board shall also comply with federal and state laws
10-18 for program and facility accessibility.
10-19 SECTION 11. The Licensed Marriage and Family Therapist Act
10-20 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
10-21 adding Sections 14D and 14E to read as follows:
10-22 Sec. 14D. TRAINING; STANDARDS OF CONDUCT INFORMATION.
10-23 (a) Each board member shall comply with the board member training
10-24 requirements established by any other state agency that is given
10-25 authority to establish the requirements for the board.
10-26 (b) The board shall provide to its members and employees, as
10-27 often as necessary, information regarding their qualifications for
11-1 office or employment under this Act and their responsibilities
11-2 under applicable laws relating to standards of conduct for state
11-3 officers or employees.
11-4 Sec. 14E. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
11-5 (a) The board shall establish a training program for the members
11-6 of the board.
11-7 (b) Before a member of the board may assume the member's
11-8 duties, the member must complete at least one course of the
11-9 training program established under this section.
11-10 (c) A training program established under this section shall
11-11 provide information to a participant regarding:
11-12 (1) the enabling legislation that created the board to
11-13 which the member is appointed;
11-14 (2) the programs operated by the board;
11-15 (3) the role and functions of the board;
11-16 (4) the rules of the board with an emphasis on the
11-17 rules that relate to disciplinary and investigatory authority;
11-18 (5) the current budget for the board;
11-19 (6) the results of the most recent formal audit of the
11-20 board;
11-21 (7) the requirements of the:
11-22 (A) open meetings law, Chapter 271, Acts of the
11-23 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
11-24 Texas Civil Statutes), and its subsequent amendments;
11-25 (B) open records law, Chapter 424, Acts of the
11-26 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
11-27 Texas Civil Statutes), and its subsequent amendments; and
12-1 (C) Administrative Procedure and Texas Register
12-2 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
12-3 subsequent amendments;
12-4 (8) the requirements of the conflict of interest laws
12-5 and other laws relating to public officials; and
12-6 (9) any applicable ethics policies adopted by the
12-7 board or the Texas Ethics Commission.
12-8 (d) In developing the training requirements provided for in
12-9 this section, the board shall consult with the governor's office,
12-10 the attorney general's office, and the Texas Ethics Commission.
12-11 (e) In the event that another state agency or entity is
12-12 given the authority to establish the training requirements, the
12-13 board shall allow that training in lieu of developing its own
12-14 program.
12-15 SECTION 12. Subsections (a) and (d), Section 19, Licensed
12-16 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
12-17 Civil Statutes), are amended to read as follows:
12-18 (a) Unless exempted from the examination requirement under
12-19 Section 30 of this Act or by a determination of the board based on
12-20 the applicant's education and professional experience, each
12-21 applicant for a license under this Act must pass an examination
12-22 prescribed by the board. The board shall have the written portion
12-23 of the examination, if any, validated by an independent testing
12-24 professional <and approved by the commissioner of health>. The
12-25 examination may be composed of:
12-26 (1) a written examination;
12-27 (2) a field examination, through questionnaires
13-1 answered by the applicant's instructors, employers, supervisors, or
13-2 other persons who are competent in the judgment of the board to
13-3 assess the applicant's professional ability, and that may include
13-4 written case studies and taped interviews;
13-5 (3) an oral examination; or
13-6 (4) any combination of those examinations.
13-7 (d) Unless the examination is graded or reviewed by a
13-8 national testing service, the board shall notify each examinee of
13-9 the results of the examination not later than the 30th day after
13-10 the day on which a licensing examination is administered under this
13-11 Act <30 days after the examination date>. However, if <If> the
13-12 examination is <so> graded or reviewed by a national testing
13-13 service, the board shall notify each examinee of the results not
13-14 later than the 14th day <15 days> after the date on which the board
13-15 receives the results from the national testing service. If the
13-16 notice of examination results graded or reviewed by a national
13-17 testing service will be delayed for more than 90 days after the
13-18 examination date, the board shall notify each examinee of the
13-19 reason for the delay before <not later than> the 90th day <after
13-20 the examination date>.
13-21 SECTION 13. Section 20, Licensed Marriage and Family
13-22 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
13-23 amended by adding Subsection (c) to read as follows:
13-24 (c) The board by rule may provide for the issuance of a
13-25 temporary license. Rules adopted under this subsection shall
13-26 include a time limit for a temporary license.
13-27 SECTION 14. Section 21, Licensed Marriage and Family
14-1 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
14-2 amended to read as follows:
14-3 Sec. 21. License renewal. (a) A license issued under this
14-4 Act is subject to annual renewal. The board shall adopt a system
14-5 under which licenses expire on various dates during the year.
14-6 (b) A license holder may renew an unexpired license by
14-7 paying to the board <the renewal fee> before the expiration date of
14-8 the license the required renewal fee.
14-9 (c) If a person's license has been expired for <less than>
14-10 90 days or less, the person may renew the license by paying to the
14-11 board the required renewal fee and a fee that is one-half of the
14-12 examination fee for the license <the unpaid renewal fees plus a
14-13 late renewal fee in an amount determined by the board>.
14-14 (d) If a person's license has been expired for longer than
14-15 90 days but less than one year, the person may renew the license by
14-16 paying to the board all unpaid renewal fees and a fee that is equal
14-17 to the examination fee for the license.
14-18 (e) If the person's license has been expired for one year or
14-19 longer <90 days or more>, the person may not renew the license.
14-20 The person may obtain a new license by submitting to reexamination
14-21 and complying with the requirements and procedures for obtaining an
14-22 original license. However, the board may renew without
14-23 reexamination an expired license of a person who was licensed in
14-24 this state, moved to another state, and is currently licensed and
14-25 has been in practice in the other state for the two years preceding
14-26 application. The person must pay to the board a fee that is equal
14-27 to the examination fee for the license.
15-1 (f) <(e)> The board shall notify each license holder in
15-2 writing of the pending license expiration not later than the 30th
15-3 day before the date on which the license expires.
15-4 (g) <(f)> The board shall establish a mandatory <may prepare
15-5 or approve> continuing education program <programs> for license
15-6 holders <and may require each license holder to participate in an
15-7 approved continuing education program in order to renew a license
15-8 issued under this Act>.
15-9 (h) The board by rule shall establish a minimum number of
15-10 hours of continuing education required to renew a license under
15-11 this Act. The board may assess the continuing education needs of
15-12 license holders and may require license holders to attend
15-13 continuing education courses specified by the board. The board by
15-14 rule shall develop a process to evaluate and approve continuing
15-15 education courses.
15-16 (i) The board shall identify the key factors for the
15-17 competent performance by a license holder of the license holder's
15-18 professional duties. The board shall implement a procedure to
15-19 assess a license holder's participation in continuing education
15-20 programs.
15-21 SECTION 15. Section 22, Licensed Marriage and Family
15-22 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
15-23 amended to read as follows:
15-24 Sec. 22. PROVISIONAL LICENSE BY ENDORSEMENT <RECIPROCITY>.
15-25 (a) The board may grant a provisional license to a <A> person who
15-26 is licensed or otherwise registered as a marriage and family
15-27 therapist by another state or other jurisdiction, whose
16-1 requirements for licensing or registration were, on the date of the
16-2 licensing or registration, substantially equal to those prescribed
16-3 by this Act<, is entitled to a license without examination on
16-4 submission of an application form and payment of an administrative
16-5 fee>. An applicant for a provisional license under this section
16-6 must:
16-7 (1) be licensed in good standing as a marriage and
16-8 family therapist in another state or jurisdiction that has
16-9 licensing requirements that are substantially equivalent to the
16-10 requirements of this Act;
16-11 (2) have passed a national or other examination
16-12 recognized by the board relating to marriage and family therapy;
16-13 and
16-14 (3) be sponsored by a person licensed by the board
16-15 under this Act with whom the provisional license holder may
16-16 practice under this section.
16-17 (b) An applicant for a provisional license may be excused
16-18 from the requirement of Subsection (a)(3) of this section if the
16-19 board determines that compliance with that subsection constitutes a
16-20 hardship to the applicant.
16-21 (c) A provisional license is valid until the date the board
16-22 approves or denies the provisional license holder's application for
16-23 a license. The board shall issue a license under this Act to the
16-24 holder of a provisional license under this section if:
16-25 (1) the provisional license holder passes the
16-26 examination required by Section 19 of this Act;
16-27 (2) the board verifies that the provisional license
17-1 holder has the academic and experience requirements for a license
17-2 under this Act; and
17-3 (3) the provisional license holder satisfies any other
17-4 license requirements under this Act.
17-5 (d) The board must complete the processing of a provisional
17-6 license holder's application for a license not later than the 180th
17-7 day after the date the provisional license is issued. The board
17-8 may extend the 180-day deadline to allow for the receipt and
17-9 tabulation of pending examination results.
17-10 SECTION 16. Section 25, Licensed Marriage and Family
17-11 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
17-12 amended to read as follows:
17-13 Sec. 25. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; CIVIL
17-14 PENALTY. (a) The <After a hearing, the> board shall <may deny,>
17-15 suspend<,> or revoke a license, place on probation a person whose
17-16 license has been suspended, or reprimand <or otherwise discipline>
17-17 a license holder if <the applicant for license or> the license
17-18 holder has:
17-19 (1) been convicted of a felony or a misdemeanor
17-20 involving moral turpitude;
17-21 (2) obtained or attempted to obtain registration by
17-22 fraud or deception;
17-23 (3) used drugs or alcohol to an extent that affects
17-24 professional competence;
17-25 (4) been grossly negligent in performing professional
17-26 duties;
17-27 (5) been adjudicated mentally incompetent by a court
18-1 of competent jurisdiction;
18-2 (6) practiced in a manner detrimental to the public
18-3 health or welfare;
18-4 (7) advertised in a manner that tends to deceive or
18-5 defraud the public;
18-6 (8) had a license or certification revoked by a
18-7 licensing agency or by a certifying professional organization; or
18-8 (9) otherwise violated this Act or a rule or code of
18-9 ethics adopted under this Act.
18-10 (b) A person who violates this Act or a rule or order
18-11 adopted by the board under this Act is subject to a civil penalty
18-12 of $1,000 for each day of violation. At the request of the board
18-13 or department, the attorney general shall bring an action to
18-14 recover a civil penalty authorized under this subsection.
18-15 (c) If a license suspension is probated, the board may
18-16 require the license holder to:
18-17 (1) report regularly to the board on matters that are
18-18 the basis of the probation;
18-19 (2) limit practice to the areas prescribed by the
18-20 board; or
18-21 (3) continue or review continuing professional
18-22 education until the license holder attains a degree of skill
18-23 satisfactory to the board in those areas that are the basis of the
18-24 probation.
18-25 (d) A license holder is entitled to a hearing before the
18-26 State Office of Administrative Hearings before a sanction is
18-27 imposed under this section.
19-1 (e) The board by rule shall adopt a broad schedule of
19-2 sanctions for violations under this Act. The State Office of
19-3 Administrative Hearings shall use the schedule for any sanction
19-4 imposed as the result of a hearing conducted by that office.
19-5 SECTION 17. The Licensed Marriage and Family Therapist Act
19-6 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
19-7 adding Section 25A to read as follows:
19-8 Sec. 25A. ADMINISTRATIVE PENALTY. (a) The commissioner of
19-9 health may impose an administrative penalty against a person
19-10 licensed or regulated under this Act who violates this Act or a
19-11 rule or order adopted by the board under this Act.
19-12 (b) The penalty for a violation may be in an amount not to
19-13 exceed $1,000. Each day a violation continues or occurs is a
19-14 separate violation for purposes of imposing a penalty.
19-15 (c) The amount of the penalty shall be based on:
19-16 (1) the seriousness of the violation, including the
19-17 nature, circumstances, extent, and gravity of any prohibited acts,
19-18 and the hazard or potential hazard created to the health, safety,
19-19 or economic welfare of the public;
19-20 (2) the economic harm to property or the environment
19-21 caused by the violation;
19-22 (3) the history of previous violations;
19-23 (4) the amount necessary to deter future violations;
19-24 (5) efforts to correct the violation; and
19-25 (6) any other matter that justice may require.
19-26 (d) If the commissioner of health determines that a
19-27 violation has occurred, the commissioner may issue to the board a
20-1 report that states the facts on which the determination is based
20-2 and the commissioner's recommendation on the imposition of a
20-3 penalty, including a recommendation on the amount of the penalty.
20-4 (e) Within 14 days after the date the report is issued, the
20-5 commissioner shall give written notice of the report to the person.
20-6 The notice may be given by certified mail. The notice must include
20-7 a brief summary of the alleged violation and a statement of the
20-8 amount of the recommended penalty and must inform the person that
20-9 the person has a right to a hearing on the occurrence of the
20-10 violation, the amount of the penalty, or both the occurrence of the
20-11 violation and the amount of the penalty.
20-12 (f) Within 20 days after the date the person receives the
20-13 notice, the person in writing may accept the determination and
20-14 recommended penalty of the commissioner or may make a written
20-15 request for a hearing on the occurrence of the violation, the
20-16 amount of the penalty, or both the occurrence of the violation and
20-17 the amount of the penalty.
20-18 (g) If the person accepts the determination and recommended
20-19 penalty of the commissioner, the board by order shall approve the
20-20 determination and impose the recommended penalty.
20-21 (h) If the person requests a hearing or fails to respond
20-22 timely to the notice, the department shall set a hearing and give
20-23 notice of the hearing to the person. The hearing shall be held by
20-24 a hearing examiner designated by the department. The hearing
20-25 examiner shall make findings of fact and conclusions of law and
20-26 promptly issue to the board a proposal for a decision about the
20-27 occurrence of the violation and the amount of a proposed penalty.
21-1 Based on the findings of fact, conclusions of law, and proposal for
21-2 a decision, the board by order may find that a violation has
21-3 occurred and impose a penalty or may find that no violation
21-4 occurred.
21-5 (i) The notice of the board's order given to the person
21-6 under the Administrative Procedure and Texas Register Act (Article
21-7 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
21-8 amendments must include a statement of the right of the person to
21-9 judicial review of the order.
21-10 (j) Within 30 days after the date the board's order is final
21-11 as provided by Section 16(c), Administrative Procedure and Texas
21-12 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
21-13 its subsequent amendments, the person shall:
21-14 (1) pay the amount of the penalty;
21-15 (2) pay the amount of the penalty and file a petition
21-16 for judicial review contesting the occurrence of the violation, the
21-17 amount of the penalty, or both the occurrence of the violation and
21-18 the amount of the penalty; or
21-19 (3) without paying the amount of the penalty, file a
21-20 petition for judicial review contesting the occurrence of the
21-21 violation, the amount of the penalty, or both the occurrence of the
21-22 violation and the amount of the penalty.
21-23 (k) Within the 30-day period, a person who acts under
21-24 Subsection (j)(3) of this section may:
21-25 (1) stay enforcement of the penalty by:
21-26 (A) paying the amount of the penalty to the
21-27 court for placement in an escrow account; or
22-1 (B) giving to the court a supersedeas bond that
22-2 is approved by the court for the amount of the penalty and that is
22-3 effective until all judicial review of the board's order is final;
22-4 or
22-5 (2) request the court to stay enforcement of the
22-6 penalty by:
22-7 (A) filing with the court a sworn affidavit of
22-8 the person stating that the person is financially unable to pay the
22-9 amount of the penalty and is financially unable to give the
22-10 supersedeas bond; and
22-11 (B) giving a copy of the affidavit to the
22-12 commissioner of health by certified mail.
22-13 (l) If the commissioner of health receives a copy of an
22-14 affidavit under Subsection (k)(2) of this section, the commissioner
22-15 may file with the court, within five days after the date the copy
22-16 is received, a contest to the affidavit. The court shall hold a
22-17 hearing on the facts alleged in the affidavit as soon as
22-18 practicable and shall stay the enforcement of the penalty on
22-19 finding that the alleged facts are true. The person who files an
22-20 affidavit has the burden of proving that the person is financially
22-21 unable to pay the amount of the penalty and to give a supersedeas
22-22 bond.
22-23 (m) If the person does not pay the amount of the penalty and
22-24 the enforcement of the penalty is not stayed, the commissioner of
22-25 health may refer the matter to the attorney general for collection
22-26 of the amount of the penalty.
22-27 (n) Judicial review of the order of the board:
23-1 (1) is instituted by filing a petition as provided by
23-2 Section 19, Administrative Procedure and Texas Register Act
23-3 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
23-4 subsequent amendments; and
23-5 (2) is under the substantial evidence rule.
23-6 (o) If the court sustains the occurrence of the violation,
23-7 the court may uphold or reduce the amount of the penalty and order
23-8 the person to pay the full or reduced amount of the penalty. If
23-9 the court does not sustain the occurrence of the violation, the
23-10 court shall order that no penalty is owed.
23-11 (p) When the judgment of the court becomes final, the court
23-12 shall proceed under this subsection. If the person paid the amount
23-13 of the penalty and if that amount is reduced or is not upheld by
23-14 the court, the court shall order that the appropriate amount plus
23-15 accrued interest be remitted to the person. The rate of the
23-16 interest is the rate charged on loans to depository institutions by
23-17 the New York Federal Reserve Bank, and the interest shall be paid
23-18 for the period beginning on the date the penalty was paid and
23-19 ending on the date the penalty is remitted. If the person gave a
23-20 supersedeas bond and if the amount of the penalty is not upheld by
23-21 the court, the court shall order the release of the bond. If the
23-22 person gave a supersedeas bond and if the amount of the penalty is
23-23 reduced, the court shall order the release of the bond after the
23-24 person pays the amount.
23-25 (q) A penalty collected under this section shall be remitted
23-26 to the comptroller for deposit in the general revenue fund.
23-27 (r) All proceedings under this section are subject to the
24-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
24-2 Vernon's Texas Civil Statutes) and its subsequent amendments.
24-3 SECTION 18. The Licensed Marriage and Family Therapist Act
24-4 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
24-5 adding Section 27A to read as follows:
24-6 Sec. 27A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
24-7 may not adopt rules restricting competitive bidding or advertising
24-8 by a person regulated by the board except to prohibit false,
24-9 misleading, or deceptive practices by the person.
24-10 (b) The board may not include in its rules to prohibit
24-11 false, misleading, or deceptive practices by a person regulated by
24-12 the board a rule that:
24-13 (1) restricts the use of any medium for advertising;
24-14 (2) restricts the person's personal appearance or use
24-15 of the person's voice in an advertisement;
24-16 (3) relates to the size or duration of an
24-17 advertisement by the person; or
24-18 (4) restricts the person's advertisement under a trade
24-19 name.
24-20 SECTION 19. Subdivision (2), Section 2, and Subsection (b),
24-21 Section 13, Licensed Marriage and Family Therapist Act (Article
24-22 4512c-1, Vernon's Texas Civil Statutes), are repealed.
24-23 SECTION 20. (a) The changes in law made by this Act to the
24-24 requirements for membership on the Texas State Board of Examiners
24-25 of Marriage and Family Therapists apply only to an appointment made
24-26 on or after the effective date of this Act and do not affect the
24-27 entitlement of a member serving on the board immediately before the
25-1 effective date of this Act to continue to hold office for the
25-2 remainder of the term for which the person was appointed.
25-3 (b) The changes in law made by this Act relating to a civil
25-4 or administrative penalty apply only to a violation of the Licensed
25-5 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
25-6 Civil Statutes) or a rule or order adopted by the Texas State Board
25-7 of Examiners of Marriage and Family Therapists that occurs on or
25-8 after the effective date of this Act. A violation occurs on or
25-9 after the effective date of this Act only if each element of the
25-10 violation occurs on or after that date. A violation that occurs
25-11 before the effective date of this Act is governed by the law in
25-12 effect on the date the violation occurred, and the former law is
25-13 continued in effect for this purpose.
25-14 SECTION 21. On and after January 1, 1994, the State Office
25-15 of Administrative Hearings shall assume responsibility for hearings
25-16 held with respect to contested cases arising under the Licensed
25-17 Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
25-18 Civil Statutes) and its subsequent amendments. The Texas State
25-19 Board of Examiners of Marriage and Family Therapists and the chief
25-20 administrative law judge of the State Office of Administrative
25-21 Hearings may agree to transfer contested cases pending before the
25-22 board to the State Office of Administrative Hearings before January
25-23 1, 1994.
25-24 SECTION 22. The Texas State Board of Examiners of Marriage
25-25 and Family Therapists shall adopt rules required by this Act not
25-26 later than December 31, 1993.
25-27 SECTION 23. This Act takes effect September 1, 1993.
26-1 SECTION 24. The importance of this legislation and the
26-2 crowded condition of the calendars in both houses create an
26-3 emergency and an imperative public necessity that the
26-4 constitutional rule requiring bills to be read on three several
26-5 days in each house be suspended, and this rule is hereby suspended.